Proposal for Regulation of the European Parliament and of the Council on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement

Reasons for and objectives of the proposal
Ensuring the security of travel and identity documents is a key element in the fight against terrorism and organised crime and building genuine Security Union. Many of the initiatives taken by the EU in recent years to enhance and reinforce external border management rely upon secure travel and identity documents. The recent amendment of the Schengen Borders Code makes it obligatory to systematically check all persons and verify their travel documents, regardless of the holder’s nationality, against the Schengen Information System (SIS) and the Interpol Stolen and Lost Travel Document (SLTD) database.

EU citizens are increasingly mobile. More than 15 million EU citizens reside in and more than 11 million work in a Member State other than their country of nationality. Over a billion people travel every year within the EU or cross its external borders.

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This proposal for a Regulation is part of the Action Plan of December 2016 to strengthen the European response to travel document fraud, in which the Commission identified actions to address the issue of document security, including identity cards and residence documents, in the context of recent terrorist attacks in Europe. The objectives of that Action Plan were subsequently endorsed by Council Conclusions, which followed on the Council's repeated calls to improve the security of identity and residence documents.

Already in its 2016 Communication on 'Enhancing security in a world of mobility: improved information exchange in the fight against terrorism and stronger external borders', the Commission underlined the need for secure travel and identity documents wherever it is necessary to establish beyond doubt a person’s identity, stressing that an improved approach would rely on robust systems to prevent abuses and the threats to internal security arising from failings in document security. Moreover, in the 2017 Citizenship report, the Commission committed to analysing policy options to improve the security of identity cards and residence documents.

Of twenty-six EU Member States that issue identity cards to their nationals, identity card ownership is common and compulsory in 15 Member States. In accordance with EU law on free movement of persons (Directive 2004/38/EC), identity cards can be used by EU citizens as travel documents, both when travelling within the EU and also to enter the EU from non-EU countries, and they are indeed frequently used for travel. Moreover, Member States have agreements with a number of third countries allowing EU citizens to travel using their national identity cards. This also includes travelling to third countries to engage in terrorist activities and return to the EU.

Currently, security levels of national ID cards delivered by Member States and of residence documents for EU nationals residing in another Member State and their family members vary significantly, which increases the risk of falsification and document fraud as well as leading to practical difficulties for citizens when they seek to exercise their right of free movement.

EU citizens also use their identity cards to establish their identity in their daily life for public and private entities when exercising their right to reside in another EU country (mobile EU citizens).

In line with Directive 2004/38/EC, mobile citizens and their family members, who are not nationals of a Member State, also receive documents proving their residence in their host Member State. While these residence documents are not travel documents, residence cards for those family members of mobile EU citizens, who themselves are not nationals of a Member State, used together with a passport grant the holder the right to enter the EU without a visa when they accompany or join an EU citizen.

Forgery of documents or false representation of material facts concerning the conditions attached to the right of residence have been identified as the most relevant case of fraud in the context of the Directive, which in turn enables fight against such fraud in its Article 35.

Against this background, it is crucial that the EU and especially the Member States intensify efforts to improve the security of documents issued to EU citizens and their third-country national family members. Enhanced document security is an important factor in improving the security within the EU and at its borders and in supporting the move towards an effective and genuine Security Union. The inclusion of biometric identifiers, and particularly the inclusion of fingerprints, renders documents more reliable and secure. In that context, it is of crucial importance to phase out documents with weak security features as quickly as possible.

The European Commission 2018 Work Programme includes the presentation of a legislative initiative (REFIT) to improve the security of identity cards and residence documents issued to EU citizens and their family members, who are not nationals of a Member State. The aim is to enhance European security by closing security gaps resulting from insecure documents and to facilitate the exercise of EU free movement rights by mobile EU citizens and their family members by increasing the reliability and acceptance of their documents in cross-border situations.